Railroad Lawyers Can Now Ignore Tiny Safety Slip-Ups
Published Date: 4/28/2026
Rule
Summary
Starting May 28, 2026, FRA lawyers can choose to ignore or dismiss minor railroad violations that don’t actually affect safety. This change helps rail companies by cutting down on unnecessary legal hassle without risking safety. It’s a win for smoother enforcement and smarter use of resources, especially for railroad operators and their legal teams.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
FRA may dismiss minor safety violations
Starting May 28, 2026, lawyers in the Federal Railroad Administration's Office of the Chief Counsel can decline to enforce or dismiss a violation when the conduct is a technical violation that "does not raise a practical safety issue." This change is meant to reduce enforcement burdens and streamline cases for rail operators and their legal teams.
Typical 50% penalty cut for small rail entities
FRA states that, consistent with its Small Entity Consideration, it will typically reduce an initial assessed guideline penalty by 50% for small entities. FRA says small regulated entities will experience benefits from the rule.
Penalty reductions allowed but limited
FRA keeps the ability to reduce civil penalties during enforcement negotiations, but it may not reduce penalties below the applicable statutory minimum amount (which is adjusted annually for inflation).
FRA declines to define ‘technical’ or ‘practical safety’
FRA decided not to define the terms "technical violation" or "practical safety issue," keeping the determination case-by-case within the Office of the Chief Counsel's discretion. FRA said flexibility in these terms is desirable and will be applied based on the facts of each case.
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Key Dates
Department and Agencies
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